State v. Thomas Howard, alias William Clark.
(November 17, 1931.)
Pennewill, C. J., Harrington and Richards, J. J., sitting.
*144Reuben Satterthwaite, Attorney-General, Charles F. Richards and David J. Reinhardt, Jr., Deputy Attorneys-General, for the State.
Ellwood F. Melson and Louis L. Redding for the de- • fendant.
Court of Oyer and Terminer for New Castle County,
November Term, 1931.
Indictment for rape,
No. 74,
November Term, 1931.
*145Pennewill, C. J.:
The contention of the defendant’s
attorney may be in conformity with the trend of recent authority; but we cannot disregard a decision in our own state which seems to be directly in point. State v. Turner, Housh Cr. Cas. 76.
The objection of the State is, therefore, sustained.